Victims of a Drunk Driving Accident
If you’ve been in an accident, we understand that you will mostly feel helpless, angry and even terrified, particularly if the driver who caused the accident was drunk. If the driver who caused the accident was drunk, he will face criminal charges, but this doesn’t help you when you need to recuperate after injuries, lost monetary wages, and the cost of expensive medical bills. In Vista, an auto accident lawyer could help you with filing a civil action for lost compensation.
What are the differences between Criminal and Civil Actions in the case of a Drunk Driving Accident?
While under the influence, a drunk driver can face criminal actions for driving. These charges include prison time and penalties like fines. This does nothing to help compensate the victims in a car crash due to the intoxicated driver. To gain benefits, you have to file a civil action. During the accident, the driver under the influence should have his blood alcohol content measured, so that it can be used for your civil action case.
For instance, when the police arrived at the scene of the accident and they found out that the blood alcohol content of the driver was above the legal limit, then the driver was not taking reasonable care and was not protecting the safety of others on the road while driving.
Below is the legal limitations set on intoxication in the state of California:
- Commercial driver: .04 percent
- Non-commercial drivers over the age of 21: .08 percent
- Drivers under the age of 21: .02 percent
Civil Action Against a Drunk Driver: How to Pursue it
In order to be able to gain benefits for any damages or injuries done during a drunk driving incident, you must first pursue a civil action against the driver who is at fault. In DUI incident cases, you need to have evidence for:
- The driver was drunk and his blood alcohol content
- He was an unsafe driver and negligent on the road due to his intoxication
- The accident that ensued was due to the driver’s negligence
- Damages or injuries occurred
Once you’re able to prove these, you might be able to recover punitive damages, as well as, lost wages and medical expenses. In California, a court may give punitive damages to penalize someone who was in the wrong. Under these circumstances, such damages could be appropriate.
These are other damages that may be recuperated after a DUI-related car crash.
- Future and past hospital expenses
- Lost salaries
- Reduced grossing capacity
- Property loss
- Physical therapy/other types
Other damages such as pain and suffering. To figure out what you need to do to protect your rights, talk to Ryan Sargent at 855-209-3997 if you have suffered injuries due to a car accident with a drunk driver.